Clarke v. Upton, et al

Filing 144

ORDER vacating hearing date of 12/5/2011 and taking matter under submission signed by Chief Judge Anthony W. Ishii on 12/1/2011. (Nazaroff, H)

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1 2 IN THE UNITED STATES DISTRICT COURT FOR THE 3 EASTERN DISTRICT OF CALIFORNIA 4 5 6 7 8 9 10 ) ) Plaintiff, ) v. ) ) SANDRA UPTON, AMPARO ) WILLIAMS; DEPARTMENT OF ) SOCIAL SERVICES; and COUNTY OF ) MADERA ) ) Defendants. ) ____________________________________) STANLEY BRADFORD CLARKE, 1:07-CV-0888 AWI-SMS ORDER VACATING DECEMBER 5, 2011, HEARING DATE AND TAKING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT UNDER SUBMISSION 11 12 13 Defendants have noticed for hearing and decision a motion for summary judgment. The 14 matter was scheduled for hearing to be held on December 5, 2011. Pursuant to Local Rule 7815 230(c), Plaintiff was required to file either an opposition or a notice of non-opposition no later 16 than November 21, 2011. Plaintiff has not done so. 17 Due to Plaintiff’s failure to file a timely opposition or notice of non-opposition, he is in 18 violation of the Local Rules. See Local Rule 78-230(c). Plaintiff is further not entitled to be 19 heard at oral argument in opposition to the motion. Id. The court has reviewed Defendants’ 20 motion and the applicable law, and has determined that the motion is suitable for decision 21 without oral argument. See Local Rule 78-230(g). 22 Therefore, IT IS HEREBY ORDERED that the previously set hearing date of December 23 5, 2011, is VACATED, and no party shall appear at that time. As of December 5, 2011, the court 24 will take the matter under submission, and will thereafter issue its decision. 25 26 27 28 IT IS SO ORDERED. Dated: 0m8i78 December 1, 2011 CHIEF UNITED STATES DISTRICT JUDGE

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